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Amicus With Dahlia Lithwick | Law, justice, and the courts

The Contraceptive Mandate

Amicus With Dahlia Lithwick | Law, justice, and the courts

Slate Audio

News Commentary,, Government, News

4.6 • 3.4K Ratings

🗓️ 26 March 2016

⏱️ 44 minutes

🧾️ Download transcript

Summary

This week, the Supreme Court heard arguments in Zubik v Burwell, the latest challenge to the Affordable Care Act. This time, a group of religious non-profits are challenging the government’s accommodation for employers who don’t want to have anything to do with providing birth control to their workers. Dahlia speaks with Paul Clement, who argued the case for the plaintiffs, and Walter Dellinger, who supports the government's position. You can listen to past episodes of Amicus here. Transcripts of Amicus are available to Slate Plus members. Consider signing up today! Members get bonus segments, exclusive member-only podcasts, and more. Sign up for a free trial today here.  Please let us know what you think of Amicus. Our email is amicus@slate.com.  This week’s excerpts from the Supreme Court’s public sessions were provided by Oyez, a free law project at the Chicago-Kent College of Law, part of the Illinois Institute of Technology. Amicus is sponsored by Amazon. Detective Harry Bosch is back on the new season of Amazon’s Original Series Bosch, based on the best selling novels by Michael Connelly. Stream the new season now on Amazon Prime Video. And by The Great Courses Plus, a new video service with more than 5,000 lectures on subjects from science to cooking to history. Right now, you can have unlimited access to the entire Great Courses Plus library—for one whole month for free—by visiting TheGreatCoursesPlus.com/amicus.  Podcast production by Tony Field. Learn more about your ad choices. Visit megaphone.fm/adchoices

Transcript

Click on a timestamp to play from that location

0:00.0

Amicus is sponsored by Amazon. Detective Harry Bosch is back on the new season of Amazon's

0:05.9

original series Bosch based on the best-selling novels by Michael Connelly. Stream the new season

0:11.1

now on Amazon Prime Video. And by the Great Courses Plus, a new video service with more than

0:17.0

5,000 lectures on subjects from science to cooking to history. Right now, you can have

0:21.9

unlimited access to the entire Great Courses Plus library for a whole month for free by visiting

0:27.9

the Great Courses Plus dot com slash Amicus. Hi and welcome to Amicus, Slate Supreme Court

0:38.4

podcast. I'm Dali Lithvik and I cover the Supreme Court for Slate. This week we're going

0:47.0

to focus on a big case argued this week at the court. It's called Zoomic versus Burwell,

0:51.7

although you may know it better as Hobby Lobby Act 2 or the Little Sisters case. Two years

0:58.4

ago, the US Supreme Court decided by a five-four split that closely held for-profit corporations

1:04.2

with religious objections to the so-called contraception mandate in the Affordable Care Act could

1:09.4

opt out of covering those devices and products even though the Obama administration had deemed

1:15.0

them necessary for basic preventive healthcare for women. Now, in the majority opinion in Hobby Lobby,

1:21.1

the court authored by Justice Samuel Alio. The court said that the fact that there was a work

1:25.7

around, an opt out that was granted to objecting not for profits meant that that was of work

1:31.4

around that Hobby Lobby should get to. Here is Samolito reading that portion of the opinion from the bench.

1:38.4

Although HHS has made this system available to religious nonprofits, HHS has provided no

1:44.2

reason why the same system cannot be made available when the owners of four-profit corporations

1:50.1

have similar religious objections. And we therefore conclude that this system constitutes an

1:55.9

alternative that achieves all of the government's aims while providing greater respect for religious

2:00.9

liberty. And under RIFRA, the MAC conclusion means- Fast forward two years and the problem for

2:06.4

the court and the principal issue in Zoomic is that this work around isn't going to satisfy

...

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